A new law regarding the Kosovo Independent Media Commission, IMC, was approved by the Kosovo Parliament on July 11, 2024, and extended the jurisdiction to online media. The law requires online media outlets that produce video content to be licensed and regulated by the IMC, an obligation previously reserved for audio-visual media only.

The law introduced potential fines of up to 40,000 euros for non-compliance.

Critics argue that these measures threaten freedom of expression and could be used to stifle vital voices, marking a significant challenge to media independence in Kosovo.

Legal Experts Weigh In

Legal experts in Kosovo have expressed concerns about the law’s provisions, while also acknowledging the inclusion of online media under the IMC’s regulatory scope as necessary and constitutional.

The Group for Legal and Political Studies, GLPS, in a statement to Prishtina Insight, supported the inclusion of online media in the IMC’s purview, arguing that the online nature of the content should not warrant special treatment.

“The attribute ‘online’ is not a justification for special treatment, and therefore, opposing arguments regarding this aspect, presented in the ECPMF reaction, are wrong,” GLPS said.

However, the think tank pointed out several serious issues with the law, including the broad discretionary power given through sub-legal acts, which could regulate substantial matters, and the mandatory importance assigned to Codes of Ethics.

The GLPS also criticised the IMC’s authority to allocate funds to media outlets and the lack of clear legal obligations stemming from certain articles in the draft law. The GLPS’ main concern has to do with the IMC’s powers related to competition law, such as issues of monopolies and media concentration, which they argue fall under the jurisdiction of the Kosovo Competition Authority, AKK.

“The IMC cannot operate as an antitrust body,” the GLPS emphasised, adding that the issues surrounding ownership changes and media concentration remain problematic even after amendments to the draft law.

Meanwhile, media rights lawyer Flutura Kusari explained at a public hearing on March 25 at the Public Administration, Local Government, Media, and Regional Development Commission that her primary concern is that this “draft law allows political parties and religious communities to open television or radio stations.”

Broader Implications for Media Freedom

In its 2023 annual report on Kosovo, the European Commission noted that “the media environment in Kosovo remains lively and pluralistic, and the legal framework is mostly in line with European standards.”

However, the report recommended that Kosovo review the Law on the Independent Media Commission to update its powers, including those related to audiovisual media, in line with the Audiovisual Media Services Directive.

Despite these recommendations, Kosovo saw a significant decline in the 2024 Reporters Without Borders index, an organisation that monitors press freedom, dropping 19 places to rank 75th.

This drop reflects increasing attacks on journalists, including physical assaults and pressure from political groups, highlighting the challenges faced by the media in Kosovo amid growing concerns over freedom of expression and government control.

Criticism from international organisations

International and local organisations have expressed concern that the law violates freedom of expression.

The OSCE Mission in Kosovo, which has supported the IMC since its establishment in 2005, expressed concerns about the law. While acknowledging some attempts to revise certain articles to clarify legal aspects and introduce procedural safeguards, the OSCE emphasised that the law still lacks effective self-regulation mechanisms.

“The extension of the IMC’s jurisdiction to social media, coupled with the absence of clear criteria for blocking harmful content, raises concerns about proportionality and has potential implications for freedom of expression,” the OSCE wrote in a statement.

Similarly, the Head of the European Union Office in Kosovo, Tomas Szunyog, expressed regret that the Parliament passed the law “without addressing [international community’s] concerns,” and failed to align with EU standards.

The Association of Journalists of Kosovo, AJK, has also been a vocal critic of the law, highlighting its deficiencies and potential impacts on media freedom. The AJK took the matter to the Constitutional Court of Kosovo, challenging the constitutionality of specific articles within the law.

According to Michael O’Flaherty, the Commissioner for Human Rights at the Council of Europe, the law’s approval disregards several key recommendations provided by the Council of Europe. O’Flaherty warned that the law if implemented, could severely undermine freedom of expression and media independence in Kosovo.

In February 2024, the European Centre for Press and Media Freedom, ECPMF, issued a press release condemning the legislative initiative, labelling it as the latest attack on media freedom and pluralism in Kosovo.

“The state apparatus can easily be used against any online media – especially the most critical media – under the threat of large fines of up to 40,000 euros, which could pose a serious existential threat to any online medium operating in Kosovo. The draft law should be seen as a continuation of the hostile approach of the ruling party, Lëvizja Vetëvendosje, towards the media and journalists, and its continuous attempt to control them,” the ECPMF stated.

It also emphasised that the EU directive does not provide for state control over online media through compulsory licensing.

Key Provisions of the New Law

Established in 2005, the IMC is responsible for regulating, managing, and overseeing the broadcast frequency spectrum in Kosovo. The new law requires online media that produce video content to be licensed and regulated by the IMC, similarly to broadcasters.

Under the law, media organisations operating as non-governmental organisations will be required to establish companies to meet the IMC licensing conditions.

Online media found violating the law could face fines of up to 40,000 euros for various offences, including non-compliance with legal obligations, failure to submit annual reports to the IMC on time, not maintaining archives of broadcasts, not adhering to scheduled broadcast times, and other violations.

The law also proposes increasing the number of IMC members from seven to eleven and extending their mandates. IMC members are elected by the Kosovo Parliament, and the AJK has raised concerns that this expansion could be exploited by the government to place its own people in these positions, thereby compromising the IMC’s independence.

The law was approved by the Kosovo government on December 27, 2023, and was subsequently passed in the first reading by the Parliament on March 7, 2024. Both the AJK and the Kosovo Press Council, KMSHK, previously called on the government to abandon the proposed changes to the law, deeming them an “attack on the media.”

Waiting for Constitutional Court ruling

The Association of Journalists of Kosovo, AJK, has consistently reacted to the drafting of this law and its deficiencies. They sent this law to the Constitutional Court of Kosovo on August 20, requesting the annulment of specific articles and declaring it unconstitutional.

“We argue that the procedure followed during the law-making process and the articles regulating the composition and functioning of the commission, the definition of online media, and the complaints council are in contradiction with the Constitution of Kosovo and, among other things, undermine the independence of the IMC, the right to media freedom, and the principle of gender equality,” AJK stated.

The Association of Journalists of Kosovo has followed the journey of this law since 2021, and despite continuous calls for the law to be drafted in harmony with constitutional and European standards, public authorities have not responded to these calls.

“This court case is historic because it is the first time that the Constitutional Court addresses a case related to media freedom, and the ruling will create precedents that will guide the court for decades to come,” the AJK said when they filed the case at the Constitutional Court on August 20.

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